2023 Wisconsin Act 55

257.01 (1) (a) An individual who, under ch. 455, is licensed as a psychologist or, under subch. I of ch. 457, is certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor.

55,25 Section 25 . 257.01 (1) (b) of the statutes is amended to read:

257.01 (1) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a psychologist under ch. 455 or certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor under subch. I of ch. 457, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

55,26 Section 26. 303.08 (1) (f) of the statutes is amended to read:

303.08 (1) (f) Obtaining counseling or therapy from an approved public treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical social worker, a professional counselor licensed under ch. 457, as defined in s. 457.01 (7), or a certified independent or advanced practice social worker who is authorized to practice psychotherapy under subch. I of ch. 457.

55,27 Section 27. 440.03 (9) (a) (intro.) of the statutes is amended to read:

440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 457.51 (2) by doing all of the following:

55,28 Section 28. 440.03 (9) (a) 2. of the statutes is amended to read:

440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 457.51 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

55,29 Section 29. 440.03 (11m) (c) 2u. of the statutes is created to read:

440.03 (11m) (c) 2u. The coordinated database and reporting system under s. 457.50 (10), if such disclosure is required under the counseling compact under s. 457.50.

55,30 Section 30. 440.03 (13) (b) (intro.) of the statutes is amended to read:

440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5) (b) 2. a.:

55,31 Section 31. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.) and amended to read:

440.03 (13) (c) 1. (intro.) The department shall require an all of the following to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints:

a. An applicant for a private detective license or a private security permit under s. 440.26, an.

b. An applicant for a juvenile martial arts instructor permit under sub. (17), an.

c. An applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an.

d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.

e. An applicant for a compact license under s. 448.05 (2) (f), an.

f. An applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an.

g. An applicant for an occupational therapist or occupational therapy assistant compact privilege under s. 448.987 (4), and an applicant for an occupational therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2. a., an

h. An applicant for a psychologist license under s. 455.04, and a.

z. A person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints.

2. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, of all applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist license under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to i., to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

3. Information obtained from the federal bureau of investigation may be shared with the department or the appropriate credentialing board, but shall otherwise be kept confidential and is not subject to disclosure under s. 19.35.

55,32 Section 32. 440.03 (13) (c) 1. i. of the statutes is created to read:

440.03 (13) (c) 1. i. An applicant for a professional counselor license or privilege to practice under s. 457.12 when required pursuant to the counseling compact under s. 457.50.

55,33 Section 33 . 440.03 (14) (am) of the statutes is amended to read:

440.03 (14) (am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under subch. I of ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the initial credential fee determined by the department under s. 440.03 (9) (a) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.

55,34 Section 34 . 440.043 (1) of the statutes is amended to read:

440.043 (1) The secretary shall appoint an advisory committee under s. 440.042 to provide advice concerning behavioral health. The advisory committee shall semiannually conduct a review of the requirements for obtaining a credential under s. 440.88 or subch. I of ch. 457 or for other credentials related to behavioral health.

55,35 Section 35 . 440.094 (1) (c) 14. of the statutes is amended to read:

440.094 (1) (c) 14. A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a clinical substance abuse counselor certified under s. 440.88.

55,36 Section 36. 440.15 of the statutes is amended to read:

440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5) (b) 2. a., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.

55,37 Section 37 . 446.01 (1v) (m) of the statutes is amended to read:

446.01 (1v) (m) Marriage and family therapy, professional counseling, and social work examining board under subch. I of ch. 457. “Health care professional" also includes an individual who is exercising the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this state.

55,38 Section 38 . 448.08 (4) of the statutes is amended to read:

448.08 (4) Professional partnerships and corporations permitted. Notwithstanding any other provision in this section, it is lawful for 2 or more physicians, who have entered into a bona fide partnership for the practice of medicine, to render a single bill for such services in the name of such partnership, and it also is lawful for a service corporation to render a single bill for services in the name of the corporation, provided that each individual licensed, registered or certified under this chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459 that renders billed services is individually identified as having rendered such services.

55,39 Section 39 . 448.67 (4) of the statutes is amended to read:

448.67 (4) Billing by professional partnerships and corporations. If 2 or more podiatrists have entered into a bona fide partnership or formed a service corporation for the practice of podiatry, the partnership or corporation may not render a single bill for podiatry services provided in the name of the partnership or corporation unless each individual licensed, registered or certified under this chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459, who provided services is individually identified on the bill as having rendered those services.

55,40 Section 40. 450.10 (3) (a) 10. of the statutes is amended to read:

450.10 (3) (a) 10. A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

55,41 Section 41. Chapter 457 (title) of the statutes is amended to read:

CHAPTER 457
MARRIAGE AND FAMILY THERAPY,
PROFESSIONAL COUNSELING, AND
SOCIAL WORK EXAMINING BOARD

55,42 Section 42 . Subchapter I (title) of chapter 457 [precedes 457.01] of the statutes is created to read:

chapter 457

Subchapter I

REGULATION OF MARRIAGE AND
FAMILY THERAPY, PROFESSIONAL
COUNSELING, AND SOCIAL WORK

55,43 Section 43. 457.01 (intro.) of the statutes is amended to read:

457.01 Definitions. (intro.) In this chapter subchapter:

55,44 Section 44. 457.01 (1g) of the statutes is amended to read:

457.01 (1g) “Certificate holder" means an individual who is certified under this chapter subchapter.

55,45 Section 45. 457.01 (1t) of the statutes is created to read:

457.01 (1t) “Counseling compact” means the counseling compact under s. 457.50.

55,46 Section 46. 457.01 (1w) of the statutes is amended to read:

457.01 (1w) “Credential" means a license or, certificate, or privilege to practice granted under this chapter subchapter.

55,47 Section 47. 457.01 (2r) of the statutes is amended to read:

457.01 (2r) “Licensee" means a person who is licensed under this chapter subchapter.

55,48 Section 48. 457.01 (5m) of the statutes is created to read:

457.01 (5m) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).

55,49 Section 49. 457.01 (7) of the statutes is amended to read:

457.01 (7) “Professional counselor" means an individual who holds a license to practice professional counseling granted by the professional counselor section or who holds a valid professional counselor privilege to practice in this state.

55,50 Section 50. 457.02 (intro.), (1), (2), (3), (4) and (6) (c) of the statutes are amended to read:

457.02 Applicability. (intro.) This chapter subchapter does not do any of the following:

(1) Require any individual to be certified or licensed under this chapter subchapter in order to use the title “pastoral counselor," “investment counselor," “vocational counselor," “career counselor," “alcohol and drug counselor," “chemical dependency counselor," or “employee assistance counselor," or to engage in such counseling, if the individual does not use any other title or designation that represents or may tend to represent that he or she is certified or licensed under this chapter subchapter, and does not represent himself or herself as an individual who engages in social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.

(2) Require any individual who is licensed as a school social worker or school counselor by the department of public instruction to be certified or licensed under this chapter subchapter in order to use the title “school social worker" or “school counselor."

(3) Require a person who is a psychologist or a psychiatrist to be licensed under this chapter subchapter in order to use the title “marriage and family therapist," “marriage and family counselor," or “professional counselor" if the psychologist or psychiatrist does not use the term “licensed," “certified," or “registered" or any similar term in connection with the title “marriage and family therapist," “marriage and family counselor," or “professional counselor."

(4) Authorize any individual who is certified or licensed under this chapter subchapter to use the title “school social worker" or “school counselor" unless the individual is licensed as a school social worker or school counselor by the department of public instruction.

(6) (c) Provide a consultation or demonstration with an individual licensed under this chapter subchapter if the person providing the consultation or demonstration is licensed to practice marriage and family therapy, professional counseling, or clinical social work in another state or territory of the United States.

55,51 Section 51. 457.03 (1), (1m) and (2) of the statutes are amended to read:

457.03 (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter subchapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter subchapter and approve educational programs and supervised clinical training programs in accordance with those standards.

(1m) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, and consistent with s. 457.16, promulgate rules establishing examination requirements for certification and licensure under this chapter subchapter.

(2) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing a code of ethics to govern the professional conduct of certificate holders and licensees. The rules shall specify the services included within the practice of social work, advanced practice social work, or independent social work that an individual who is certified under this chapter subchapter as a social worker, advanced practice social worker, or independent social worker may perform and the degree of supervision, if any, required to perform those services.

55,52 Section 52. 457.033 of the statutes is amended to read:

457.033 Psychometric testing. The marriage and family therapy, professional counseling, and social work examining board and the psychology examining board shall jointly promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under this chapter subchapter, or an individual who holds a valid professional counselor privilege to practice in this state, is qualified to perform. Such rules shall be consistent with the guidelines of the American Psychological Association, or other nationally recognized guidelines, for performing psychometric testing. A certificate holder or, licensee , or holder of a professional counselor privilege to practice may not engage in psychometric testing except as provided under the rules promulgated under this section.

55,53 Section 53. 457.035 (1) of the statutes is amended to read:

457.035 (1) The individual is licensed under this chapter subchapter as a clinical social worker, marriage and family therapist, or professional counselor or holds a valid professional counselor privilege to practice in this state.

55,54 Section 54. 457.04 (1), (2), (3), (4) and (5) (a) and (b) of the statutes are amended to read:

457.04 (1) Use the title “social worker" unless the person is certified as a social worker under this chapter subchapter.

(2) Use the title “advanced practice social worker" unless the person is certified as an advanced practice social worker under this chapter subchapter.

(3) Use the title “independent social worker" unless the person is certified as an independent social worker under this chapter subchapter.

(4) Practice clinical social work or designate himself or herself as a clinical social worker or use or assume the title “clinical social worker" or any other title or designation that represents or may tend to represent the person as a clinical social worker unless the person is licensed as a clinical social worker under this chapter subchapter or unless the person is certified under this chapter subchapter as an advanced practice social worker or independent social worker and the person practices clinical social work under the supervision of a person who is licensed as a clinical social worker under this chapter subchapter.

(5) (a) The person is licensed as a marriage and family therapist under this chapter subchapter.

(b) The person is licensed as a clinical social worker under this chapter subchapter and initially became certified as an independent clinical social worker under ch. 457, 1999 stats., on or before May 31, 1995.

55,55 Section 55. 457.04 (6) of the statutes is amended to read:

457.04 (6) Practice professional counseling or designate himself or herself as a professional counselor or use or assume the title “professional counselor," “professional rehabilitation counselor," “vocational rehabilitation counselor," “rehabilitation counselor," or any other title or designation that represents or may tend to represent the person as a professional counselor unless the person is licensed as a professional counselor under this chapter subchapter or holds a valid professional counselor privilege to practice in this state.

55,56 Section 56. 457.04 (7) of the statutes is amended to read: